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Insolvency Law & Distressed Investments


Insolvency or restructuring? We’re problem solvers.
Our lawyers have been involved in all types of restructuring and insolvency proceedings in Canada and have extensive experience in cross-border restructurings.
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Overview

Financial crises involve many stakeholders and moving parts. You need a legal team that knows and can guide you through the landscape in the most effective possible manner.

Whether we’re helping our clients restructure their debt or share capital, sell assets or address future risks, we keep the lines of communication open and bring creativity to problem solving.

Our lawyers have been involved in all types of restructuring and insolvency proceedings in Canada and have extensive experience in cross-border restructurings, including under Chapter 11 and Chapter 15 of the United States Bankruptcy Code. We have comparable expertise throughout the U.K. and Africa.

Our clients include debtors, lenders, and accounting and advisory firms, acting as court-appointed monitors, receivers and information officers in insolvency proceedings. We also regularly advise purchasers, investors, lenders and others in transactions with insolvent debtors.

As proceedings advance, it’s important to consider all angles. We collaborate with colleagues across areas of practice, including in our tax, banking, labour and employment, pensions, mergers and acquisitions and securities groups to address present and future risk. We have deep contacts in the industry, which we draw upon regularly to benefit our clients.

Insolvency and Restructuring Litigation

Where matters become contentious, our team is ready to litigate. We are regularly involved in leading court cases and have appeared on many of the most frequently cited cases in insolvency law.

Our team can advise and act on every aspect of insolvency-related litigation, including complex debtor restructurings, priority disputes between creditors, disputed claims of lien, set-off and constructive trust, applications for interim financing, and sale approval applications.

Distressed Investments

Our distressed investing team has acted for domestic and foreign companies and firms in relation to practically every kind of distressed investment, including distressed mergers and acquisitions, interim financing, bank take-out financing, exit financing, and tax loss utilization transactions.

Read about our client experience and review the expertise we’ve shared in our publications and presentations. If you want to connect with us, contact any of our lawyers to discuss how we can help.

Team

Primary Contacts
  • Luc Béliveau, Partner, Montréal, QC | London, +1 514 397 4336, lbeliveau@fasken.com
  • Kibben Jackson, Partner, Vancouver, BC, +1 604 631 4786, kjackson@fasken.com

Client Work

  • Blue Wolf Capital Partners completed the acquisition of LOGISTEC Corporation, [Deal - LOGISTEC Corporation], Acquisition of LOGISTEC Corporation by Blue Wolf Capital Partners.
  • NextPoint Financial and 29 subsidiaries file for CCAA proceedings, [Deal - FTI Consulting Inc.], Tax preparation services company commences CCAA proceedings.
  • Les Sommets de la Vallée completed an intergenerational transfer of the company, [Deal - Valley Summits Inc. (Les Sommets de la Vallée Inc.)], Transfer of Valley Summits (formerly Mont Saint-Sauveur) to succeeding generations of the founding families.
  • BNP Paribas hedges CCCA Proceedings of Harte Gold Corp., [Deal - BNP Paribas], International bank completes assignment of rights and obligations for independent Canadian gold producer.
  • Game, Set, and Matcha: DAVIDsTEA successfully completes its restructuring under the Companies’ Creditors Arrangement Act (CCAA), [Case - DAVIDsTEA Inc.], DAVIDsTEA successfully completed its restructuring under the CCAA.
  • Confidential Client capital financing and debt facility, [Deal - Confidential Client]
  • Kingswood Capital Management in its acquisition of MEC through CCAA proceedings, [Deal - Kingswood Capital Management, LP]
  • Cedar Fair announces US$1 billion senior secured notes offering, [Deal - Cedar Fair, L.P.]
  • Ring International Holding acquires Maricann for C$12.4 million and certain other property from Wayland Group, [Deal - Ring International Holding AG]

Knowledge

News